Refusal based on Zambrano case

[Giri]

Hi

I have already mentioned in this forum that I am living in UK. I had written to the DoJ to issue a stamp 4 visa in my passport under Zambrano case. But they sent me a refusal letter because I am living outside of Ireland.
I feel it is totally unfair.The minister issued different statements on different occasions. Can I get stamp 3 and then convert it to stamp 4? I am from visa free country.

GIRI

[Muttsnuts]

Hi

I have already mentioned in this forum that I am living in UK. I had written to the DoJ to issue a stamp 4 visa in my passport under Zambrano case. But they sent me a refusal letter because I am living outside of Ireland.
I feel it is totally unfair.The minister issued different statements on different occasions. Can I get stamp 3 and then convert it to stamp 4? I am from visa free country.

GIRI

If you are living in the UK, have an Irish Citizen Child and are not visa required, why not travel to Ireland and seek stamp 4 at the GNIB? You will be granted up to 90 days permission to remain on entry so you have an existing permission to remain, enabling you to attend the GNIB to get your Stamp 4.

[ImmigrationLawyer]

Giri, I think someone already advised you on this - as you are non visa required, you can't make an application for pre-entry clearance, you need to travel to Ireland first, get a temp stamp at the airport, and then make your application. Are you sure you want to live in Ireland!?

[walrusgumble]

Hi

I have already mentioned in this forum that I am living in UK. I had written to the DoJ to issue a stamp 4 visa in my passport under Zambrano case. But they sent me a refusal letter because I am living outside of Ireland.
I feel it is totally unfair.The minister issued different statements on different occasions. Can I get stamp 3 and then convert it to stamp 4? I am from visa free country.

GIRI

Why is it unfair? You actually aware of what Zambrano provides? You want a right to reside in ireland in order to raise your Irish child, because it could be a genuine deprivation of the child's eu rights if not allowed directly or indirectly to reside in Ireland under the care of his/her parents. Yet, you don't even live in Ireland. That is all Zambrano allows. Next you will be telling us that you don't play an active role in the child's life

THe Minister's statements clearly refer to people who are living in Ireland.

Come to Ireland with child in order to rely on Zambrano

[fatty patty]

Hi

I have already mentioned in this forum that I am living in UK. I had written to the DoJ to issue a stamp 4 visa in my passport under Zambrano case. But they sent me a refusal letter because I am living outside of Ireland.
I feel it is totally unfair.The minister issued different statements on different occasions. Can I get stamp 3 and then convert it to stamp 4? I am from visa free country.

GIRI

Why is it unfair? You actually aware of what Zambrano provides? You want a right to reside in ireland in order to raise your Irish child, because it could be a genuine deprivation of the child's eu rights if not allowed directly or indirectly to reside in Ireland under the care of his/her parents. Yet, you don't even live in Ireland. That is all Zambrano allows. Next you will be telling us that you don't play an active role in the child's life

THe Minister's statements clearly refer to people who are living in Ireland.

Come to Ireland with child in order to rely on Zambrano

And what are your views sire on the ones who are already deported and not living in the state? If a non eu parent of EU child resident in another EU member state (not the country of child's birth) and see in the long term that their stay is under threat in that member state what is wrong on them in relying on zambrano and move back to child's EU state? The OP is in a good position as he/she is a non visa required member, but according to what i gather from your post the ones that are visa required it will be near impossible..?..

[ImmigrationLawyer]

I've made a few such visa apps on behalf of clients lately and I'm anxious to hear feedback from anyone who has been refused/ accepted so far...

[walrusgumble]

Hi

I have already mentioned in this forum that I am living in UK. I had written to the DoJ to issue a stamp 4 visa in my passport under Zambrano case. But they sent me a refusal letter because I am living outside of Ireland.
I feel it is totally unfair.The minister issued different statements on different occasions. Can I get stamp 3 and then convert it to stamp 4? I am from visa free country.

GIRI

Why is it unfair? You actually aware of what Zambrano provides? You want a right to reside in ireland in order to raise your Irish child, because it could be a genuine deprivation of the child's eu rights if not allowed directly or indirectly to reside in Ireland under the care of his/her parents. Yet, you don't even live in Ireland. That is all Zambrano allows. Next you will be telling us that you don't play an active role in the child's life

THe Minister's statements clearly refer to people who are living in Ireland.

Come to Ireland with child in order to rely on Zambrano

And what are your views sire on the ones who are already deported and not living in the state? If a non eu parent of EU child resident in another EU member state (not the country of child's birth) and see in the long term that their stay is under threat in that member state what is wrong on them in relying on zambrano and move back to child's EU state? The OP is in a good position as he/she is a non visa required member, but according to what i gather from your post the ones that are visa required it will be near impossible..?..

Unless the poster to whom I replied to is living in the UK entirely on his.her own basis and was not deported, that person's case and the situation that you suggest are entirely different.

If a person was deported, then they should at least be considered, as they did not choose to leave in the first place.

I have already argued, that it the State could play hard ball in some of those cases, and if they had some spare money, worth going down the court route. In hardball I mean, in light of the common cases, one parent (often the father) is deported while the child remains in Ireland with the mother who has legal status. McCarthy could be used to limit the effect of Zambrano in that article 20 could only be relied on where there is a genuine substantial right of residence in the EU being deprived. That since the mother is allowed to stay, the child is not truely being deprived. This would be after a consideration of the length of time that the father was absent from the child's life (excluding the period of the deportation). The State won't have the back bone thoug. So that won't be tested.

If they went by choice (ie in order to dodge immigration or for economic reasons, or the poor little souls could not hack waiting longer for a decision) then its tough sh*t. Well, that depends. I would be more lenient if the citizen child was actually with them. Hardball if the child was not with them.

In reality though, I think if any parent of a citizen child comes over to Ireland and proves that they are an actve parent, they will get to rely on Zambrano. It would be an absolute abuse and a joke if a parent who never even lived in the same country as the child (even though it was possible, even via bogus asylum case) now is all of a sudden finding a new found interest in the child and comes over now to avail of Zambrano (wonder what the coinicdence being that their status elsewhere is bad)


"non eu parent of EU child resident in another EU member state (not the country of child's birth) and see in the long term that their stay is under threat in that member state what is wrong on them in relying on zambrano and move back to child's EU state? The OP is in a good position as he/she is a non visa required member, but according to what i gather from your post the ones that are visa required it will be near impossible..?."

I would like to see what basis that non eu citizen was living in another eu state, must not have been so great if their residence is at threat

The reality is that its lies. They pretend that oh please let me raise little johnny in Ireland, after all he was born here, as if that is an achievement now a days. In truth what they are really saying is, help me, even though I have shown absolutely no interest in the past in raising my child in the country of their birth, I should be able to demand a right to live in the country of their birth, I am only interested now because I am getting kicked out of country X. THe question to be asked, why are you being kicked out of country X?

Citizenship is being cheapened and used as a form of immigration convenience, with its Irish , French , British etc citizenship.

THe reality: Most parents who steped into Ireland actually got status of their children via either pre 2005, ibc 05, ibc 07 or the Dimbo cases. Why did they leave country? They are in breach of their conditions ie reside in Ireland for the sole purpose of raising their child.


If the citizen child was with the parent, there is nothing wrong with moving back and rely on Zambrano. But in many cases, that is not the reality and that should not be tolerated.

he/she is a non visa required member, but according to what i gather from your post the ones that are visa required it will be near impossible..?."

You need to clarify what you mean there. What comments did you think I made regarding visa required memebrs?

[fatty patty]

i meant for ones who are visa required it will be difficult for them to apply and non visa required can easily rely on zambrano as they have 3 months grace. btw there can be alot of basis where the visa required/non visa required person can see their stay under threat in another eu state they are living...work permits...student visas etc made redundant finished /graduated etc. hence relying on zambrano to move back to child's eu country.

[Obie]

In all honesty, i cannot quite see any material difference, so to speak, between people who are in the state applying under Zambrano, and those applying from overseas. It could be argued quite robustly, that the effect of refusing applicant already living in the state is similar to those applying for a visa to enter.

The OP, as far as i understand, although i am open to correction, is seeking to apply for stamp 4 from abroad, which i think is not riight.

Had she applied for an entry visa and once in the state apply for stamp 4, it is arguable that she would have succeeded, even if she had not been successful, she would have had success through the courts.

[riseen]

The Zambrano case and parents of Irish citizen children

Posted on June 15, 2011
On 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09, that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state.

The Department of Justice and Equality is reviewing the cases of non-EEA parents of Irish citizen minor children which may meet the criteria specified in the Zambrano case. If they meet the Zambrano criteria, the non-EEA parents may be given permission to live and work in Ireland without the requirement for an employment permit or business permission.

Non-EEA nationals with a stamp 2 or stamp 3 permission to remain in Ireland who think they meet the criteria specified in the Zambrano case can apply at their local Garda registration office. They should bring documents such as birth certificates and proof of residency with them. If they meet the criteria, their immigration status may be changed to a stamp 4 permission which will allow them to live and work in Ireland without the need for an employment permit. If the immigration officer refuses to change their status to a stamp 4, the non-EEA national should write to the Repatriation Division of the Irish Naturalisation and Immigration Service as described below.

A non-EEA national who does not have a current permission to remain in Ireland and who wishes to request a review of their case under the terms of the Zambrano judgement should write to the Repatriation Division, Irish Naturalisation and Immigration Service, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2 and include the following documents:

A colour copy of the bio-data page of the Irish citizen child’s passport (the page with personal details and photo)

· The Irish citizen child’s original birth certificate – a copy is not acceptable.

· A colour copy of the bio-data page of the applicant’s own passport.

· Two colour passport-sized photographs, signed on the back by the applicant.

· A copy of the applicant’s current GNIB certificate of registration (if applicable)

· Documentary evidence that the Irish citizen child is living in the State.

· Proof of the applicant’s address and residence in Ireland (e.g. current utility bills etc).

· Documentary evidence of the role the applicant is playing in his/her child’s life (e.g. letters from schools, crèches, etc).

· Any other information that the applicant considers relevant to his/her case.

In addition, an applicant must provide answers to the following questions:

· Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.

· Are there any charges pending against him/her in the State or abroad? If so, he/she must provide details.

In some cases, DNA evidence of a biological link to the Irish citizen child or children may also be required. Once a decision has been made, that decision and the consequences of the decision will be notified in writing to the persons concerned.

Parents of Irish citizen children who were previously removed from the State by deportation order, and who wish to now re-enter the State to reside with their Irish citizen child or children, may now seek a revocation of that deportation order. Those subject to deportation orders should apply in writing to the Repatriation Division of INIS as set out above, specifying their desire to have the deportation order lifted to enable them to re-enter the State.

Those parents of Irish citizen children who reside outside of Ireland but were never deported from the State now have the option of entering the State to reside and work. If they are visa required, they must apply online for a visa – check our document on visa requirements for entering Ireland.

[Giri]

Hi riseen,
Thanks for your reply. At the bottom of the post you have mentioned that those who live outside Ireland also has the chance to come & live in Ireland now.
But the minister in his statement has clearly mentioned that those left the country voluntarily are not eligible to apply under Zambrano judgement. Are you sure? Can you quote any comments or reference for me please?

GIRI[/i]

[ImmigrationLawyer]

The Minister's policy is not clear as to people applying outsie the state, but this won't affectyou anyway, because you have the liberty of being able to come to Ireland visa fre. When you apply from within Ireland, you will be treated as such. I don't think they will question your history of having lived abroad, etc. They are treating these applications in a very cursory manner - they have to, they have over 1000 to get through. I would be happy to give you a 95% chance of success, providing there is nothing alarming in your records.

[Giri]

Hi Immigration Lawyer,

In my case I want to fight for that.Even if I go through courts will I succeed?How long will it take?
GIRI

[ImmigrationLawyer]

Less than 6 months I would say.

[riseen]

Frequently Asked Questions about the Zambrano Judgment

Question 1
My child is an EU citizen but does not hold an Irish Passport. Does the Zambrano Judgment apply to my case?
Response 1
No. In an Irish context, the Zambrano Judgment applies to certain third country nationals but in all cases they must be the parent of an Irish born citizen child before they can seek residency in Ireland under the terms of the Zambrano Judgment.

Question 2
My child is an Irish born citizen but, despite being born there, has not resided there at any stage. Does the Zambrano Judgment allow me a right of residence in Ireland?
Response 2
No. The Zambrano Judgment applies to an Irish born citizen child’s country of residence and nationality. If an Irish born citizen child has not been ordinarily resident in Ireland then his/her parent(s) cannot rely on the Zambrano Judgment as a basis for securing a right of residence in Ireland.

Question 3
I am a non-EEA national. I lived in Ireland for some years but left some time ago to return to my country of origin. I left voluntarily and was never the subject of a Deportation Order. I am the parent of an Irish born citizen child. Can I rely on the Zambrano Judgment to allow me to reside in Ireland?
Response 3
No. The Zambrano Judgment does not apply to any person who left Ireland of their own volition. Such persons can, of course, apply for a visitor or study visa to visit Ireland but cannot rely on the Zambrano Judgment as a basis to obtain a right of residence in Ireland.

Question 4
I am a failed asylum seeker and am the parent of an Irish born citizen child. I have applied to the Minister for Justice and Equality for Subsidiary Protection and I have also submitted representations to the Minister for consideration under Section 3 of the Immigration Act 1999 (as amended). I would wish to rely on the Zambrano Judgment to secure a right of residence in Ireland. What should I do to advance this?
Response 4
Your application for Subsidiary Protection will have to be considered first and a decision notified. If the Subsidiary Protection decision is favourable then no further consideration of your case would be required, given that the status of Subsidiary Protection carries a right of residency for a statutory, renewable, three year period.
Where, however, the Subsidiary Protection application is refused, your case must then be considered under Section 3 of the Immigration Act 1999 (as amended). At that point, given that you are the parent of an Irish born citizen child, this would be factored into the Section 3 consideration. If it appears that the Zambrano criteria are met in your case, and there are no significant issues of criminality associated with your case, you are likely to be granted permission to remain in the State for a three year period, subject to a set of stated conditions.
If you are concerned that the presence of a Subsidiary Protection application may delay the finalisation of your case, it would be open to you to withdraw that application. If you decided to pursue that option, this must be made known in writing to the Repatriation Division, Dept. of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

Question 5
I have been told that, if granted a right of residency, I will have a Stamp 4 based permission to remain in Ireland. What does this mean?
Response 5
A Stamp 4 denotes that the holder has an immigration permission to be in the State and the right to work without the need for an Employment Permit. It does not, however, confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant government departments or State agencies. Once a person is granted permission to remain on Stamp 4 conditions, it is generally renewed subject to the laws of the State being observed and other conditions being complied with. Such conditions will be set out in your decision letter.

Question 6
I am the father of an Irish born citizen child but my name is not on my child’s Birth Certificate. What would I need to do to convince the Minister for Justice and Equality that I should be permitted to remain in Ireland?
Response 6
In circumstances where there is doubt as to parentage of an Irish citizen child, such as where a father’s details were not recorded on the child’s Birth Certificate when the child was being registered, the onus will be on any such person claiming parentage of an Irish citizen child to produce evidence of a biological link to that child. Verifiable DNA evidence would be required as would documentary evidence of the role that such a parent had been playing in his/her child’s life etc.

Question 7
I was granted permission to remain in the State, on Stamp 4 conditions, by the Minister for Justice and Equality last year. I have an Irish born citizen child. Does the Zambrano Judgment offer me anything extra in terms of my immigration status in the State?
Response 7
Assuming that you have ‘registered’ with the Garda National Immigration Bureau (GNIB) and, as such, hold a GNIB Card with a Stamp 4, then the Zambrano Judgment offers you nothing that you don’t already have. You already hold a right of residency which allows you to work in the State without a Work Permit or to set up in any legitimate business or profession without the permission of the Minister. You can apply for renewal of your permission to remain before your current permission to remain expires. Where it is clear that you have complied with the conditions attaching to your current permission to remain, and you have not come to the adverse attention of An Garda Siochana, or any other State service provider, your permission to remain will be renewed.

Question 8
I wish to make a case to obtain residency on the basis of the Zambrano Judgment. Will I need to make my case through a solicitor?
Response 8
No, there is no requirement that any such documentation be submitted through a solicitor. Once the required documentation is submitted, the case is considered on its merits regardless of whether it was submitted by an individual or by a solicitor acting on his/her behalf. However, where you decide to make your case through a solicitor, you will need to give your written consent to that solicitor to act on your behalf for the purposes of your dealings with the Department of Justice and Equality. Where such written consent is not included in correspondence received from a solicitor, the Department will not be in a position to respond substantively to that solicitor but will instead request the solicitor to submit evidence of their written authority to act on that applicant’s behalf. This position is well known to the membership of the legal profession.

All correspondence in relation to the Zambrano Judgment should be sent to:
Repatriation Division,
INIS,
13-14 Burgh Quay,
Dublin 2[/b]

[walrusgumble]

Frequently Asked Questions about the Zambrano Judgment

Question 1
My child is an EU citizen but does not hold an Irish Passport. Does the Zambrano Judgment apply to my case?
Response 1
No. In an Irish context, the Zambrano Judgment applies to certain third country nationals but in all cases they must be the parent of an Irish born citizen child before they can seek residency in Ireland under the terms of the Zambrano Judgment.

Question 2
My child is an Irish born citizen but, despite being born there, has not resided there at any stage. Does the Zambrano Judgment allow me a right of residence in Ireland?
Response 2
No. The Zambrano Judgment applies to an Irish born citizen child’s country of residence and nationality. If an Irish born citizen child has not been ordinarily resident in Ireland then his/her parent(s) cannot rely on the Zambrano Judgment as a basis for securing a right of residence in Ireland.

Question 3
I am a non-EEA national. I lived in Ireland for some years but left some time ago to return to my country of origin. I left voluntarily and was never the subject of a Deportation Order. I am the parent of an Irish born citizen child. Can I rely on the Zambrano Judgment to allow me to reside in Ireland?
Response 3
No. The Zambrano Judgment does not apply to any person who left Ireland of their own volition. Such persons can, of course, apply for a visitor or study visa to visit Ireland but cannot rely on the Zambrano Judgment as a basis to obtain a right of residence in Ireland.

Question 4
I am a failed asylum seeker and am the parent of an Irish born citizen child. I have applied to the Minister for Justice and Equality for Subsidiary Protection and I have also submitted representations to the Minister for consideration under Section 3 of the Immigration Act 1999 (as amended). I would wish to rely on the Zambrano Judgment to secure a right of residence in Ireland. What should I do to advance this?
Response 4
Your application for Subsidiary Protection will have to be considered first and a decision notified. If the Subsidiary Protection decision is favourable then no further consideration of your case would be required, given that the status of Subsidiary Protection carries a right of residency for a statutory, renewable, three year period.
Where, however, the Subsidiary Protection application is refused, your case must then be considered under Section 3 of the Immigration Act 1999 (as amended). At that point, given that you are the parent of an Irish born citizen child, this would be factored into the Section 3 consideration. If it appears that the Zambrano criteria are met in your case, and there are no significant issues of criminality associated with your case, you are likely to be granted permission to remain in the State for a three year period, subject to a set of stated conditions.
If you are concerned that the presence of a Subsidiary Protection application may delay the finalisation of your case, it would be open to you to withdraw that application. If you decided to pursue that option, this must be made known in writing to the Repatriation Division, Dept. of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

Question 5
I have been told that, if granted a right of residency, I will have a Stamp 4 based permission to remain in Ireland. What does this mean?
Response 5
A Stamp 4 denotes that the holder has an immigration permission to be in the State and the right to work without the need for an Employment Permit. It does not, however, confer on the holder an entitlement to any particular public service or funding. Such matters are determined by the relevant government departments or State agencies. Once a person is granted permission to remain on Stamp 4 conditions, it is generally renewed subject to the laws of the State being observed and other conditions being complied with. Such conditions will be set out in your decision letter.

Question 6
I am the father of an Irish born citizen child but my name is not on my child’s Birth Certificate. What would I need to do to convince the Minister for Justice and Equality that I should be permitted to remain in Ireland?
Response 6
In circumstances where there is doubt as to parentage of an Irish citizen child, such as where a father’s details were not recorded on the child’s Birth Certificate when the child was being registered, the onus will be on any such person claiming parentage of an Irish citizen child to produce evidence of a biological link to that child. Verifiable DNA evidence would be required as would documentary evidence of the role that such a parent had been playing in his/her child’s life etc.

Question 7
I was granted permission to remain in the State, on Stamp 4 conditions, by the Minister for Justice and Equality last year. I have an Irish born citizen child. Does the Zambrano Judgment offer me anything extra in terms of my immigration status in the State?
Response 7
Assuming that you have ‘registered’ with the Garda National Immigration Bureau (GNIB) and, as such, hold a GNIB Card with a Stamp 4, then the Zambrano Judgment offers you nothing that you don’t already have. You already hold a right of residency which allows you to work in the State without a Work Permit or to set up in any legitimate business or profession without the permission of the Minister. You can apply for renewal of your permission to remain before your current permission to remain expires. Where it is clear that you have complied with the conditions attaching to your current permission to remain, and you have not come to the adverse attention of An Garda Siochana, or any other State service provider, your permission to remain will be renewed.

Question 8
I wish to make a case to obtain residency on the basis of the Zambrano Judgment. Will I need to make my case through a solicitor?
Response 8
No, there is no requirement that any such documentation be submitted through a solicitor. Once the required documentation is submitted, the case is considered on its merits regardless of whether it was submitted by an individual or by a solicitor acting on his/her behalf. However, where you decide to make your case through a solicitor, you will need to give your written consent to that solicitor to act on your behalf for the purposes of your dealings with the Department of Justice and Equality. Where such written consent is not included in correspondence received from a solicitor, the Department will not be in a position to respond substantively to that solicitor but will instead request the solicitor to submit evidence of their written authority to act on that applicant’s behalf. This position is well known to the membership of the legal profession.

All correspondence in relation to the Zambrano Judgment should be sent to:
Repatriation Division,
INIS,
13-14 Burgh Quay,
Dublin 2[/b]

Now people will see what I meant when I said Zambrano does not answer all the questions and is not as clear as everyone thinks. This nonsense is similar to IBC 05 caselaw ie continuous residency requirement.

One the face of Zambrano, in light of the principles of the case (well I can't say legal basis as there is feck all) and not the facts, alot of the answers above are an infringement of Zambrano. Looks like the lawyers will be keeping the courts busy for some time.

This is another reason why Shatter should have simply said, we are reviewing the cases and not the statement that he made that clearly indicated most parents of Irish citizens will be sorted out. Then claiming that there is no need to continue with court cases and criticizing those who were still bringing cases to court.A U turn in the making, well done Minister! (He should have actually looked at the files himself before spouting that statement out. Now he will be accused of breaking promises etc.) Didn't he withdraw the statement on the website later? No doubt the real decision makers in the department reprimanded him.

[ImmigrationLawyer]

As far as I can see, most or all of the cases before the High Court would satisfy the above criteria - ie the child was here all along, and the parent did not leave the State voluntarily (ie they were deported or are still here).

So Minister Shatter, imo, was right to say that these cases should be wrapped up quickly without the need for further references.

I think that it is incorrect of the Minister to state that parents of IBC's who left the State voluntarily at some stage are not covered. Perhaps this will be where the litigation will focus. Also, parents of Irish children who have been convicted of relatively serious offences will have a fight on their hands.

[walrusgumble]

As far as I can see, most or all of the cases before the High Court would satisfy the above criteria - ie the child was here all along, and the parent did not leave the State voluntarily (ie they were deported or are still here).

So Minister Shatter, imo, was right to say that these cases should be wrapped up quickly without the need for further references.

I think that it is incorrect of the Minister to state that parents of IBC's who left the State voluntarily at some stage are not covered. Perhaps this will be where the litigation will focus. Also, parents of Irish children who have been convicted of relatively serious offences will have a fight on their hands.

The child was here, yep. In many cases, the other parent (normally the father) did not even come to Ireland until 2006-2008, long after the amnesty in 2005. (its a bit moot considering even 4-5 years has now passed since their arrival)

Some cases also involve questions as to whether the parent was active, some involving cases where social services had to get involved.

Unless you know the facts of every case in the High Court (which is impossible), you should qualify the basis for that approval.

It is also not correct or appropriate for a minister to make any public comment on what a court should and should not do while the case is before the court. Shatter made comments despite Cooke earlier publicly indicating that he intended to go to the ECJ) He clearly now regrets making comments that the case was crystal clear.

If he wished to withdraw the cases, he should have done so at the last court list or at least, like in any other case, not make public political statements. If he wanted the cases to be wrapped up, then he could conceed defeat and withdraw. He has yet to do that. He has no right to make any suggestions (oh yeah, the Smithwick comparison, how funny)

[riseen]

I believe, Ireland should give residency for EEA citizens, not just for Irish Citizen based on Zambrano Judgement;

Please read following legal view;

“1. Citizenship of the Union is hereby established. Every person holding the nationality of a member state shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship. 2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia: (a) the right to move and reside freely within the territory of the member state ..â€

[delvindave]

Hi im not sure if im in the right section.. Hopefully somebody will read this and be able to help me. My girlfriend came here 4 months ago on a short stay tourist visa. She was pregnant on her arrival here with my baby. She overstayed and had our son here last month.I would like here to stay here now with me. She likes here and is happy to stay.
What steps do we need to take ? I think she should be ok here now as she is the mother of a irish born child and me the father being irish also. The problem that i see is she has a 4 year old son back in the Philippines. What steps can we take to get him to ireland ? As quickly and easily as possible ?
Thanks in advance for any advise